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Item 10Bi exas MEMORANDUM February 20, 2002 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: An Interlocal Agreement between the City of Southlake and the City of Colleyville to supply water service to the Timarron, Village H, Phase 3 subdivision. Action Requested: Authorize the Mayor to execute an Interlocal Agreement between the City of Southlake and the City of Colleyville to supply water service to the Timarron, Village H, Phase 3 subdivision. Background Information: Timarron, Village H, Phase 3 subdivision "Timarron Subdivision" is located within the city limit of Colleyville, but within the Southlake's Certificate of Convenience and Necessity ("CCN") for water service. "Timarron Subdivision" consists of 17.059 acres and is divided into 25 residential lots. The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the state of Texas to contract with one another for the provisions of various governmental services, including those providing for water supply facilities. Financial Consideration: The developer will construct the complete distribution system in accordance with the City of Southlake's standards and assume all costs. The developer will dedicate separate and adequate easement for Southlake's operations and maintenance at sole City's discretion at no cost to the city and guarantee all work for a minimum of two (2) years from the date of written acceptance of system by the City of Southlake and provide all required bonds in accordance with the current Southlake's residential developer's agreement. Citizen Input/ Board Review: None. Legal Review: The agreement has been reviewed by the City attorney. Alternatives: Supporting Documents: None available. Location Map Subdivision Map Interlocal Agreement Staff Recommendation: Authorize the Mayor to execute the Interlocal Agreement between the City of Southlake and the City of Colleyville to supply water service to the Timarron, Village H, Phase 3 subdivision. Staff Contact: Pedram Farahnak, P.E., Director of Public Works Charlie Thomas, P.E., City Engineer CC: Bruce Payne, AICP, Director of Planning PF/kw 01i15/2002 10:44 8175777562 CITY OF COLLEYVILLE PAGE 02 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY OF SOUTHLAKE FOR WATER SERVICE FOR TIMARRON, VILLAGE H, PHASE 3 SUBDIVISION STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made and entered into by and between the City of Colleyville, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant County (hereinafter referred to as ,Colleyville"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"), Colleyville and Southlake are hereinafter collectively referred to as the "Municipalities." WHEREAS, the Timarron, Village H, Phase 3 Subdivision (hereinafter referred to as the "Timarron Subdivision") is currently being developed within the city limits of Colleyville, and WHEREAS, the Timarron Subdivision is located within Southlake's certificate of convenience and necessity("CCN") for water service, but within the city limits of Colleyville; and WHEREAS, the Municipalities mutually desire to enter into an agreement regarding Southlake's provision of potable water to the Timarron Subdivision within Colleyville; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those providing for water supply facilities: NOW, THEREFORE, for the mutual consideration herein stated, the Municipalities agree as follows: W:1SoulhlakeW.gr mentstInterlocal W21er,FN3.wPd 112.04-01) .Page 1 01/15/2002 10:,44 8175777562 CITY OF COLLEYVILLE PAGE 03 1. This interlocal agreement shall cover the parcel of land as shown on Exhibit "A" attached hereto, consisting of 17.059 acres and divided into 25 residential lots. This parcel of land lies within Southlake's CCN and the Colleyville city limits. Developer and/or his successors or assigns are not the intended beneficiaries of this Agreement and shall have no right to enforce or claim damages as a result of a breach of this Agreement. 2. Southlake shall provide water service to the Timarron Subdivision. Southlake shall own and maintain the water supply system and shall directly collect for the provisions of water to the Timarron Subdivision. Southlake shall have exclusive authority to set the water rates for all water service provided by Southlake. 3. Colleyville shall provide police, fire and emergency services to the Timarron Subdivision: 4. Southlake shall not be subject to any franchise fees, service fees, or other costs normally charged by Colleyville for providing the water services set forth in this agreement, 5. All other fees not addressed above and normally collected by Colleyville or Southlake will not be affected by this agreement. 6. All other services not addressed above and normally provided by Colleyville or Southlake to their residents will not be affected by this agreement. 7. Each party paying forthe performance of governmental functions or services must make those payments from current revenues available to the paying pa ny. 8. Southlake makes no guarantee that water supply capacity will be available at any particular time or place, it being fully understood by both parties hereto that the ability of Southlake to supply water services is subject to Southlake's water system capacity. Southlake shall be the sole judge of the availability of such capacity to supply such water services, provided, however, that Southlake will use its best efforts to ensure that said water supply capacity is available. 9. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO THE CITY OF SOUTHLAKE: City of Southlake ATTN: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 W:1BoulhlakeAgreements1interiot I W2ter.FN3.w0d (12-04-01) Page 2 01/15/2002 10:44 8175777562 CITY OF COLLEYVILLE PAGE .04 IF TO THE CITY OF COLLEYVILLE: City of Colleyviile ATTN: Mayor Colieyville, Texas-_ The designation of a person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving written notice to the other party. 10. This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 11. In the event that any portion of this Agreement shall be found contraryto law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 12. Each party agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents, It is the intent of the Municipalities that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protections afforded general purpose units of government pursuant to Texas law. 13, The undersigned officers and/or agents of the Municipalities hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Municipalities. Each city hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. 14, This Agreement is executed in duplicate originals on the dates indicated below. CITY OF COLLEYVILLE By: Mayor Date: ATTEST: City Secretary City of Colleyville W:\SouthlakalAgreements\Internac I Watar.FN3.wpa (12.04-01) - Page 3 _- Z - rl UV111GC Lurie 71 ❑uA RBON n0DIE011 7 1 ur�Er .—I aHnsc a - n - - -- - 1 _ _ G cne. A. PG. s sz N —u _.__—_ P F I.E.1. l (— I FI.. -I. --- - -- Province Lane - Prr ovince Lane � P011{T OF BEGINNING 1 ��. i _ � I.LHo e iLL sl. ,I I4 _ E --_�� E se9•av �lll FLtas as� CITY LIMIT LINE- `v �1 r LOCI 1 23 J 24 25 .1�� r 4 9 I 8039; F. �19,194 S-F "1 x L 1 -i z I- 3 i l I' 119 969 5_F 0 OVO 5. FL 18, �A W 4 J L �j RI u _ ClfY OF 50UIHWE J T 1 I I I ° \,\22 21„_ 5 F.�20,52J 5-F'' 29.93.j 1 �\'e0079 5127, 751 5F��'J - \ ee/ ll W 0 Bfn creEEHA C 8 St' 20 �\ III 27<521 S F. 23 j S F zs 579 s F v'4 Nsaaro9-E v� 20 058 5 F w � � � 28.425 �F 1 1 ♦ 14.687 s F ` '34,524 s _ �. �A j� 12 Ik 25.215 SF / r 5eob J 1 J 19.112 C.F. - �0 1 =lunaaoN cow coon F �. % 14 N. , 238 S. F�f� a66�5a Irt E-- t hYl tl i Vicinity Map Timarron, Village H, Phase 3